11.05.05.10

41:01

.10 Permits.

A. The procedures in §C of this regulation shall be followed in applying for a permit to engage in demonstration, distribution, or solicitation on WTC Property.

B. In granting a permit, the WTC Manager shall exercise no discretion except as provided in these regulations.

C. Procedures.

(1) Any group or organization of 15 or more persons seeking to engage in demonstration, distribution, or solicitation on WTC Property must first obtain a written permit from the Administration.

(a) To obtain a permit, the applicant shall submit to the Administration during normal business hours a written permit application no later than 2 working days before the date requested for the activity. MPA will waive or lessen this 2-day requirement in order to permit first amendment activities that arise in response to imminent events.

(b) The application shall be on a form provided by the Administration that shall set forth the location where such permit application shall be filed.

(2) The application for the permit shall include:

(a) The full name, mailing address, telephone number, and email address of the person or organization applying for the permit, and, if a group or organization, the name, address, and telephone number of a designated representative;

(b) The full name, mailing address, telephone number, and email address of the person who will supervise and be responsible for the conduct of the proposed activities;

(c) The date and times of the proposed activity, provided that a permit will not be issued for any time between the hours of 8 p.m. and 8 a.m.;

(d) A brief description of the proposed activity, including the method of communication and which type of permit is requested, for example, whether for demonstration, distribution, or solicitation;

(e) The number of persons expected to participate; and

(f) The signature of the applicant.

(3) Application Review.

(a) The WTC Manager shall review each application promptly.

(b) If the application is incomplete, the WTC Manager shall make reasonable efforts to inform the applicant.

(c) If the application is complete, the WTC Manger shall forward the application to the MDTA Police, and the Administration Security Department for review, comment, and signature.

(4) A permit shall be issued unless the WTC Manager, the Administration, or the MDTA Police specifically finds:

(a) The information contained in the permit application is incomplete or contains material misrepresentations;

(b) The applicant refuses to sign the permit;

(c) The proposed activity interferes with a previously issued permit or scheduled event;

(d) An emergency situation exists;

(e) The proposed activity interferes materially with vehicular or pedestrian traffic, including viewing of the 9/11 Memorial;

(f) The proposed activity interferes materially with the normal business activities of WTC tenants;

(g) The proposed activity, on its face, violates any law, ordinance, or regulation of the federal, State, or Baltimore City governments; or

(h) The proposed activity reasonably appears to present a clear and present danger to the public safety, health welfare, or good order.

(5) The applicant shall sign the permit and return it to the offices of the WTC Manager at least 12 hours before the proposed activity. MPA will waive or lessen this twelve-hour requirement in order to permit first amendment activities that arise in response to imminent events.

D. A permit may be revoked at any time if the:

(1) Terms or conditions of the permit are violated;

(2) Activities or conduct of the Permittee present a clear and present danger to the public health, welfare, or safety; or

(3) Activities of the Permittee constitute a violation of any applicable law or regulation.

E. Appeal of Permit Decisions.

(1) Any person whose permit request is denied in full or in part, or revoked, may appeal the decision to the MPA Director of Commercial Management, by means of a letter stating the grounds therefore, within 5 working days of receiving a response from the WTC Manager.

(2) The MPA Director of Commercial Management shall review the initial permit decision and the appeal, and shall issue a written decision affirming the denial or challenged limitation, or granting or modifying the permit as requested, within 7 working days of receipt of such appeal.

(3) The MPA Director of Commercial Managementís decision shall be sent certified mail to the responsible person at the address provided, with a copy by email or fax, or both, when provided, and shall be effective upon such service.

(4) The MPA Director of Commercial Managementís decision shall constitute a final decision of the Administration, and may be appealed to an appropriate court as provided by law.